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Debate over 'Stand Your Ground' defense continues in Florida

10News spoke with a lawyer who explained its purpose in Florida, and a father who wants to see the Stand Your Ground defense gone.

TAMPA, Fla. — A retired Tampa police officer who is accused of killing another man in a Pasco County movie theater is heading to trial. 

Investigators said six years ago Curtis Reeves killed Chad Oulson during an argument over text messages. Now, the trial for Reeves is set for October. 

Reeves' trial was delayed six years while lawyers argued two different Stand Your Ground questions. 

10News spoke with a lawyer who explained its purpose in Florida, and a father who wants to see the Stand Your Ground defense gone.

"I wake up everyday living every parent’s worst nightmare," Johnny Johnson said.

A large picture on Johnny’s wall shows his son, Jayquon Johnson, as he remembers him: A star basketball player at Brandon High School.

But three years ago, on New Year’s Day, the course of Johnny’s life changed.

"I got a phone call, then a text, my son, Quon, had been shot," he said.

He said the teen who shot his son was never charged with his murder.

Investigators said at the time that Jayquon came to the teen’s home for a drug deal. Then, an argument broke out, they both pulled out weapons and Jayquon was killed.

"They say whatever sorrow and grief you know, things happen, you can build off. You can make some good out of it," Johnny Johnson said.

And now, Johnny devoting his time to getting rid of Florida’s Stand Your Ground law. He disagrees with the change that shifted the burden of proof to prosecutors, and he feels like the law emboldens people.

"I would like to see the law removed. Many studies show the law is unfair, it is unjust," he said.

But, lawyer Jay Hebert has a very different perspective on the controversial defense. 

"It allows people that should not be charged to raise that shield and be immune from prosecution," Hebert said.

He explains it’s most effective in pre-trial stages.

"The interesting thing about that is most of those cases don’t get recorded because they never get filed on," he said.

He’s aware there are critics of the defense, but said it’s an important tool.

"I think the knee-jerk reaction for the public is that this is a wild, wild west kind of defense. The reality of it is, all of these defenses have been in place. The one tweaking of the law talks about a duty to retreat. So now when you’re attacked you no longer have a duty to retreat," he explained.

RELATED: Former Port Richey mayor claims he was ‘standing his ground’ when he shot at Pasco County deputies

RELATED: Trial date set for Wesley Chapel movie theater shooter claiming 'Stand Your Ground'

RELATED: Accused theater shooter heads to court for first time since Florida 'Stand Your Ground' ruling

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